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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 3415 By: Pae and Phillips of the
House
and
Howard of the Senate
An Act relating to the Oklahoma Open Meeting Act;
amending 25 O.S. 2021, Se ctions 304 and 307.1, which
relate to authorized methods for conducting meeting s;
modifying definitions; modifying provisions related
to videoconferences; prescribing procedures relate d
to the conduct of meetings by electronic methods;
providing certain exceptions; prohibiting certain
electronic communications during public meetings;
providing for suspension of ability to achieve quorum
by electronic means under certain condition s;
imposing time limit; providing for ratification by
public body; and providing an effective date.
AMENDMENT NO. 1. Page 1, strike the title, enacting clause and
entire bill and insert
“An Act relating to the Oklahoma Open Meeting Act;
amending 25 O.S. 2021, Sections 307.1 and 311, which
relate to videoconferences and teleconferences and
notice; requiring live stream of certa in meetings;
requiring maintenance of certain video by public body
for certain period; authorizing certain alternate
meeting procedures during emergency declaration;
specifying expiration of alternate meeting
procedures; modifying certain notice requiremen t in
emergency circumstances; and declaring an emergency.
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BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 25 O.S. 2021, Section 307.1, is
amended to read as follows:
Section 307.1. A. Except as provided in subsections C and D of
this section, a public body may hold meetings by videoconf erence
where each member of the public body is visible and audible to each
other and the public th rough a video monitor, subject to the
following:
1. a. except as provided for in subparagraph b of this
paragraph, no less than a quorum of the public body
shall be present in person at the meeting site as
posted on the meeting notice and agenda,
b. a virtual charter school approved and sponsored b y the
Statewide Virtual Charter School Board pursuant to the
provisions of Section 3-145.3 of Title 70 of the
Oklahoma Statutes shall maintain a quorum of members
for the entire duration of the meeting whether usi ng
an in-person site, videoconference sites or any
combination of such sites to achieve a quorum ;, and
c. each public meeting held by videoconference or
teleconference shall be recorded either by written,
electronic, or other means;
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2. The meeting notice a nd agenda prepared in advance of the
meeting, as required by law, shall indicate if the meeting will
include videoconferencing locations and shall state:
a. the location, address, and telephone number of each
available videoconference site, and
b. the identity of each member of the public body and the
specific site from which each member of the body shall
be physically present and participating in the
meeting;
3. After the meeting notice and agenda are prepared a nd posted,
as required by law, no member of the public body shall be allowed to
participate in the meeting from any location other than the specifi c
location posted on the agenda in advance of the meeti ng;
4. In order to allow the public the maximum oppor tunity to
attend and observe each public off icial carrying out the duties of
the public official, a member or members of a public body desiring
to participate in a meeting by videoconference shall parti cipate in
the videoconference from a site and room loc ated within the district
or political subdivision from which they are elected, appointe d, or
are sworn to represent;
5. Each site and room where a member of the public body is
present for a meeting by videoconference shall be open and
accessible to the pu blic, and the public shall be allowed into t hat
site and room. Public bodies may provi de additional videoconference
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sites as a convenience to the public, but additional sites shall not
be used to exclude or discourage public attendance at any
videoconference site;
6. The public shall be allowed to participate and speak, as
allowed by rule or policy set by the public body, in a meeting at
the videoconference site in the same manner and to the same exten t
as the public is allowed to participate or speak at the site of the
meeting;
7. Any materials shared electronically between members of the
public body, before or during the videoconference, shall al so be
immediately available to the public in the same f orm and manner as
shared with members of the public bo dy; and
8. All votes occurring during any m eeting conducted using
videoconferencing sh all occur and be recorded by roll call vote; and
9. To the extent practicable, if a public body maintains a
website and has immediate access to a high-speed Internet
connection, such meetings of the public body shall be streamed live
on the website. Video of such meetings shall be maintained by the
public body and available to the public until minutes are made
available for inspection by the public as required by Section 312 of
this title.
B. No Except as provided in subsection D of this section, no
public body shall conduct an executive session by videoconference.
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C. Upon the effective date of this act and until February 15,
2022, or until thirty (30) days after the expiration or termination
of the state of emergency d eclared by the Governor to respo nd to the
threat of COVID-19 to the people of this state and the public’s
peace, health and safety, whichever date first occurs, the The
provisions of this subsecti on and subsection D of this section shall
operate as law in this state apply to a public body in any county in
which the Governor or board of county commis sioners has declared a
state of emergency until the emergency declaration expires or is
terminated.
1. A public body may hold meetings by teleconference or
videoconference if each member of the public body is audible or
visible to each other and the pub lic, subject to the following:
a. for a virtual charter school approved and sponsored by
the Statewide Virtua l Charter School Board pursuant to
the provisions of the Oklahoma Statutes, the public
body shall maintain a quorum of members for the entire
duration of the meeting whether using an in -person
site, teleconference, or videoconference or any
combination of such sites to achieve a quorum, and
b. if the meeting is held using either teleconferen ce or
videoconference capabilities, and at any time the
audio connection is disconnected, the meeting shal l be
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stopped and reconvened once the audio connection is
restored;
2. The meeting notice and agenda prepared in advance of the
meeting, as required b y law, shall indicate if the meeting will
include teleconferencing or videoconferencing and shall also sta te:
a. each public body member appearing remotely and the
method of each member’s remote appearance, and
b. the identity of the public body member or members who
will be physically present at the meeting site, if
any;
3. After the meeting notice and agend a are prepared and posted
as required by law, public body membe rs shall not be permitted to
alter their method of attendance; provided, however, those members
who were identified as appearing remotely may be pe rmitted to
physically appear at the meeting si te, if any, for the meeting;
4. The public body shall be allow ed to participate and speak,
as allowed by rule or policy set by the public body, in a meeting
which utilizes teleconference or videoconference in the same manner
and to the same extent as the public is allowed to participate or
speak during a meeting wher e all public body members are physically
present together at the meeting site;
5. Any documents or other materials provided to members of the
public body or shared electronically between membe rs of the public
body during a meeting utilizing teleconferenci ng or
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videoconferencing shall also be immediately available to the public
on the website of the public body, if the public body maintains a
website; and
6. All votes occurring during any meeti ng utilizing
teleconference or videoconference shall occur and be recorded by
roll call votes.
D. Public bodies are permitted to may conduct an executive
session by teleconference or videoconference in any county in which
the Governor or the board of county commissioners has declared a
state of emergency until the emergency declaration expires or is
terminated. For such executive sessions, no public body member is
required to be physically present so long as eac h public body member
is audible or visible to each other. The meeting notice and agenda
prepared in advance of the meeting as required by law shall indicate
if the executive session will include teleconferencing or
videoconferencing and shall also state t he identity of each public
body member appearing remotely, the method of each member ’s remote
appearance, and whether any member will b e physically present at the
meeting site, if any, for the executive session.
SECTION 2. AMENDATORY 25 O.S. 2021, Section 311, is
amended to read as follows:
Section 311. A. Notwithstanding any other provisions of law,
all regularly scheduled, continued or rec onvened, special or
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emergency meetings of publ ic bodies shall be preceded by public
notice as follows:
1. All public bodies shall give notice in writing by December
15 of each calendar year of th e schedule showing the date, tim e and
place of the regularly scheduled meetings of such public bodies for
the following calendar year;
2. All state public bodies including, but not limited t o,
public trusts and other bodies with the state as beneficiary, shall
give such notice to the Se cretary of State;
3. All county public bodies including, but not limited to,
public trusts and any other bodies with the county as beneficiary,
shall give such notice to the county clerk of the county wherein
they are principally located;
4. All municipal public bodies including, b ut not limited to,
public trusts and any other bodies with the municipality as
beneficiary, shall give such notice to the municipal clerk of the
municipality wherein they are principally located;
5. All multicounty, regional, a reawide or district public
bodies including, but not limited to, district boards of education,
shall give such notice to the county clerk of the county wherein
they are principally located, or if no office exists, to the cou nty
clerk of the county or count ies served by such public bo dy;
6. All governing boards of state institut ions of higher
education, and committees and subcommittees thereof, shall give such
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notice to the Secretary of State. All other public bodies covered
by the provisions of the Oklaho ma Open Meeting Act which ex ist under
the auspices of a state institution of higher education, but a
majority of whose members are not members of the instituti on’s
governing board, shall give such notice to the county clerk of the
county wherein the instit ution is principally located ;
7. The Secretary of State and each county c lerk or municipal
clerk shall keep a record of all notices received in a register ope n
to the public for inspection during regular office hours, and, in
addition, shall make known up on any request of any person the
contents of the register;
8. If any change is to be made of the date, time or place of
regularly scheduled meetings of public bodies, then notice in
writing shall be given to the Secretary o f State or county clerk or
municipal clerk, as required here in, not less than ten (10) days
prior to the implementation of any such change;
9. In addition to the advance public notice in wri ting required
to be filed for regularly scheduled meetings, descr ibed in paragraph
1 of this subsection, all public bodies sh all, at least twenty-four
(24) hours prior to such regularly scheduled meetings, display
public notice of the meeting by at least o ne of the following
methods:
a. by posting information that inclu des date, time, place
and agenda for the meeting in prominen t public view at
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the principal office of the p ublic body or at the
location of the meeting if no office exists, or
b. by posting on the public body’s Internet website the
date, time, place and age nda for the meeting in
accordance with Section 3106.2 of Tit le 74 of the
Oklahoma Statutes. Additionally, the public body
shall offer and consistentl y maintain an email
distribution system f or distribution of such notice of
a public meeting required by th is subsection, and any
person may request to be included wit hout charge, and
their request shall be accept ed. The emailed notice
of a public meeting required by this subsection shall
include in the body of the email or as an attachment
to the email the date, time, place and agenda for t he
meeting and it shall be s ent no less than twenty-four
(24) hours prior to the meeting. Additionally, except
as provided in subparagraph c of this paragraph , the
public body shall make the notice of a public meeting
required by this subsection available to the public in
the principal office of the public body or at the
location of the meeting during normal business hou rs
at least twenty–four (24) hours prior to the meeting,
or
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c. upon the effective date of this act and unt il February
15, 2022, or until t hirty (30) days after the
expiration or termination of the state of emerge ncy
declared by the Governor to respond to t he threat of
COVID-19 to the people of th is state and the public ’s
peace, health and safety, whichever dat e first occurs
for a public body in any county in which the Governor
or board of county comm issioners has declared a state
of emergency until the emer gency declaration expires
or is terminated, the public body shall not be
required to make the notice of a public meeting
available to the publ ic in the principal office of th e
public body or at the loca tion of the meeting during
normal business hours at le ast twenty-four (24) hours
prior to the meeting;
10. The twenty-four (24) hours required in paragraph 9 of this
subsection shall exclude Satu rdays, Sundays and holidays lega lly
declared by the State of Oklahoma. The posting or distribution of a
notice of a public meeting as described in paragraph 9 of this
subsection shall not preclude a public body from considering at its
regularly scheduled meeting any new business. “New business”, as
used herein, shall mean any matter not known about or which could
not have been reasonably foreseen prior to the time of the posting;
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11. In the event any meeting is to be continued or reconvened,
public notice of such action including date, time and place of the
continued meeting, shall be given by announcement at the or iginal
meeting. Only matters appearing on the agenda of the meeting which
is continued may be discussed at the continued or reconvened
meeting;
12. Special meetings of publ ic bodies shall not be held without
public notice being given at least forty -eight (48) hours prior to
the meetings. Such public notice of date, time and place shall be
given in writing, in person or by telephonic means to the Secretary
of State or to the county clerk or to the muni cipal clerk by public
bodies in the manner set forth i n paragraphs 2, 3, 4, 5 and 6 of
this subsection. The public body also shall cause written notice of
the date, time and place of the meeting to be mailed or delivered to
each person, newspaper, wire se rvice, radio station and television
station that has filed a written request for notice of meetings of
the public body with the clerk or secretary of the public body or
with some other person desi gnated by the public body. Such written
notice shall be mailed or delivered at least forty-eight (48) hours
prior to the special meeting. The public body may charge a fee of
up to Eighteen Dollars ($18.00) per year to persons or entities
filing a written request for notice of meetings, and may require
such persons or entities to renew the request for notice annually .
In addition, all public bodies shall, at least twenty -four (24)
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hours prior to such special meetings, display public notice of the
meeting, setting forth thereon the date, time, place and agenda for
the meeting. Only matters appearing on the posted age nda may be
considered at the special meeting. Such public notice shall be
posted in prominent public view at the principal office of the
public body or at the location of th e meeting if no office exist s.
Twenty-four (24) hours prior public posting shall exclude Saturdays,
Sundays and holidays legally declared by the State of Oklahoma. In
lieu of the public posting requirements of this paragra ph, a public
body may elect to follow the requirements found in subparagraph b of
paragraph 9 of this subsection, provided that forty-eight-hour
notice is required for special meetings and that the forty -eight-
hour requirement shall exclude Saturdays, Sund ays and holidays
legally declared by the State of Oklahoma;
13. In the event of an emergency, an emergency meetin g of a
public body may be held without the public notice heretofore
required. Should an emergency meeting of a public body be
necessary, the person calling such a meeting sh all give as much
advance public notice as is reasonable and possible under the
circumstances existing, in person or by telephonic or electronic
means; and
14. A public body that gives public notice of a meeting for
which there will be a videoconference op tion in accordance with
Section 307.1 of this title shall not modify the method of meeting
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described in the notice prior to the meeting and shall conduct the
meeting according to the methods described in the notice. If a co de
or password is required to ac cess the videoconference mee ting, the
code or password shall be included in the pu blic notice.
B. 1. All agendas required pursuant to the provisions of this
section shall identify all items of business to be transacted by a
public body at a meeting inclu ding, but not limited to, an y proposed
executive session for the purpose of engagi ng in deliberations or
rendering a final or intermediate decision in an individual
proceeding prescribed by the Administrative Procedures Act.
2. If a public body proposes t o conduct an executive sessi on,
the agenda shall:
a. contain sufficient informatio n for the public to
ascertain that an executive session will be proposed,
b. identify the items of business and purposes of the
executive session, and
c. state specifically t he provision of Section 307 of
this title authorizing the executive session.
SECTION 3. It being immediately neces sary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect a nd
be in full force from and after its passage an d approval.”
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Passed the Senate the 27th day of April, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 3415 By: Pae and Phillips of the
House
and
Howard of the Senate
An Act relating to the Oklahoma Open Meeting Act;
amending 25 O.S. 2021, Se ctions 304 and 307.1, which
relate to authorized methods for conducting mee tings;
modifying definitions; modifying provisions related
to videoconferences; prescribing procedures relate d
to the conduct of meetings by electronic methods;
providing certain exceptions; prohibiting certain
electronic communications during public meetings;
providing for suspension of ability to achieve quorum
by electronic means under certain condition s;
imposing time limit; providing for ratification by
public body; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 4. AMENDATORY 25 O.S. 2021, Section 304, is
amended to read as follows:
Section 304. As used in the Oklahoma Open Meeting Act:
1. "Public body" means the governing bodies of all
municipalities located within this sta te, boards of county
commissioners of the counties in this state, boards of public and
higher education in this state and all boards, bureaus, commissions,
agencies, trusteeships, a uthorities, councils, committees, public
trusts or any entity created by a public trust, including any
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committee or subcommittee composed of any of the members of a public
trust or other legal entity receiving funds from the Rural Economic
Action Plan Fund as authorized by Section 2007 of Title 62 of the
Oklahoma Statutes, task f orces or study groups in this state
supported in whole or in part by public funds or entrusted with the
expending of public funds, or administering public property, and
shall include all committees or subcommittees of any public body.
Public body shall no t include the state judiciary, the Council on
Judicial Complaints when conducting, discussing, or de liberating any
matter relating to a complaint received or filed with the Council,
the Legislature, or administrative staffs of public bodies,
including, but not limited to, faculty meetings and athletic staff
meetings of institutions of higher education wh en those staffs are
not meeting with the public body, or entry -year assistance
committees. Furthermore, public body shall not include the
multidisciplinary teams provided for in Section 1 -9-102 of Title 10A
of the Oklahoma Statutes and subsection C of Sec tion 1-502.2 of
Title 63 of the Oklahoma Statutes or any school board meeting for
the sole purpose of considering recommendations of a
multidisciplinary tea m and deciding the placement of any child who
is the subject of the recommendations. Furthermore, p ublic body
shall not include meetings conducted by stewards designated by the
Oklahoma Horse Racing Commission pursuant to Section 203.4 of Title
3A of the Oklahoma Statutes when the stewards are officiating at
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races or otherwise enforcing rules of the Com mission. Furthermore,
public body shall not include the board of directors of a Federally
Qualified Health Center;
2. "Meeting" means the conduct of busin ess of a public body by
a majority of its members bein g personally together or, as
authorized by Section 307.1 of this title, together pursuant to a
videoconference. Meeting shall not include informal gatherings of a
majority of the members of the public body when no business of the
public body is discussed;
3. "Regularly scheduled meeting" mean s a meeting at which the
regular business of the public body is conducted;
4. "Special meeting" means any meeting of a public body other
than a regularly schedule d meeting or emergency meeting;
5. "Emergency meeting " means any meeting called for the purp ose
of dealing with an emergency. For purposes of the Oklahoma Open
Meeting Act, an emergency is defined as a situation involving injury
to persons or injury and damage to public or personal property or
immediate financial loss when the time requirements for public
notice of a special meeting would make such procedure impractical
and increase the likelihood of injury or damage or immediate
financial loss or a public health emergency;
6. "Continued or reconvened meeti ng" means a meeting which is
assembled for the purpose of finishing busines s appearing on an
agenda of a previous meeting. For the purposes of the Oklahoma Open
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Meeting Act, only matters on the agenda of the previous meeting at
which the announcement of t he continuance is made may be discussed
at a continued or reconvened meetin g;
7. "Public health emergency" mean s a situation where the
circumstances lead state or local elected officials, as appl icable
in this act, to determine a risk of substantial death or harm to the
human population of the state or a particular applicable political
subdivision;
8. "Videoconference" means a conference among members of a
public body remote from one another who are linked by interactive
telecommunication devices or technology and/or techn ology permitting
both visual and auditory communication between and among m embers of
the public body and/or between and among members of the public body
and members of the public. During any videoconference, both the
visual and auditory communications fun ctions shall attempt to be
utilized and public comment as outlined in this section ; and
8. 9. "Teleconference" means a conference among members of a
public body remote from one anothe r who are linked by
telecommunication devices and/or technology permitting auditory
communication between and among members of the public body and/or
between and among members of the public body and members of the
public and public comment as outlined in t his section.
SECTION 5. AMENDATORY 25 O.S. 2021, Section 307.1, is
amended to read as follows:
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Section 307.1 A. Except as provided in subsections C and D of
this section, a A public body may hold meetings and executive
sessions by videoconference or teleconference where each member of
the public body is visible and audible to each other and the public
through a video monitor may participate in the meetings
electronically, subject to the following:
1. a. except as provided f or in subparagraph b of this
paragraph, no less than a quorum of the public body
shall be present in person at the meeting site as
posted on the meeting notice and agenda Members of
public bodies subject to the Oklahoma Open Meeting Act
shall not participate in more than one-quarter (1/4)
of the regular and special meetings of the public body
upon which they serve utilizing this exception in any
floating twelve-month period. Attendance in excess of
this prohibition shall be recorded as an absence.
This provision shall not apply to those serv ing on a
virtual charter school approved and sponsored by the
Statewide Virtual Charter School Board pursuant t o the
provisions of Section 3-145.3 of Title 70 of the
Oklahoma Statutes,
b. a virtual charter school approved and sponsored by the
Statewide Virtual Charter School Boa rd pursuant to the
provisions of Sectio n 3-145.3 of Title 70 of the
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Oklahoma Statutes Public bodies shall maintain a
quorum of members for the entire duration of the
meeting whether using an in-person site,
videoconference sites or any combination of such sites
to achieve a quorum;. Members participating remotely
may do so from any fixed loc ation, and the meeting
shall be open to the public in person in a public
place unless emergency provisions are triggered as
outlined in the Oklahoma Open Meeting Act. With the
exception of those communicati ons made pursuant to a
lawfully convened executiv e session, no private
electronic communications concerning public business
may occur during a pu blic meeting by members of the
governing body, and
c. each Each public meeting held by videoconference or
teleconference in compliance with this section shall
be recorded either by written, electronic, or other
means have minutes prepared in compliance with st ate
and local law;
2. The meeting notice a nd agenda prepared in advance of the
meeting, as required by law , shall indicate if the meeting will may
include videoconferencing locations electronic or in-person
participation and shall state:
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a. the location, address, and telephone number of each
available videoconference site , and
b. the identity of each member of the public body and the
specific site from which each member of the body shall
be physically present and participating in the meeting
and/or electronic source that may be utilized to
access the meeting;
3. After the meeting notice and agenda are prepared and posted,
as required by law, no member of the public body shall be allowed to
participate in the meeting from any location other than the specific
location posted on the agenda in advance of the meeting;
4. In order to allow the public the maximum opp ortunity to
attend and observe each public off icial carrying out the duties of
the public official, a member or members of a public body desiring
to participate in a meeting by videoconference shall participate in
the videoconference from a site and room l ocated within the district
or political subdivision from which they are elected, appointed, or
are sworn to represent;
5. Each site and room where a member of the public body is
present for a meeting by videoconference shall be open and
accessible to the public, and the public shall be allowed into t hat
site and room. Public bodies may provide additional videoconference
sites as a convenience to the public, but ad ditional sites shall not
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be used to exclude or discourage public attendance at any
videoconference site;
6. 3. The public shall be allowed to participate and speak, as
allowed by at meetings held by videoconference or teleconference to
the extent such participation is consistent with a previously
adopted rule or policy set by the public body , in a meeting at the
videoconference site in the same manner and to the sam e extent as
the public is allowed to participate or speak at the site of the
meeting;
7. 4. Any materials shared electronically between members of
the public body, before or during the videoconference a public
meeting, shall also be immediately made available to the public in
the same form and manner as shared with members of the public body ;
and
8. 5. All votes occurring during any m eeting conducted using
videoconferencing electronic means shall occur and be recorded by
roll call vote;
6. The requirement of an in-person meeting location for the
purposes of conducting a public meeting as outlin ed in this section
shall be suspended statewide during a state of emergency declared by
the Governor to respond to the threat of the public 's peace, health
and safety, or during a locally declared state of emergency declared
by a mayor, school board president, or chairman of a board of county
commissioners whereby such locally declared state of em ergency shall
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not continue for more than thirty (30) days without ratification of
the respective public body; and
7. Public bodies are permitted to conduct an exe cutive session
by teleconference or video conference to the extent a quorum is
present in compliance with the provisions of this act .
B. No public body shall conduc t an executive session by
videoconference.
C. Upon the effective date of this act and until February 15,
2022, or until thirty (30) days after the expiration or termina tion
of the state of emergency declared by the Governor to respond to the
threat of COVID-19 to the people of this state and the public 's
peace, health and safety, whichever date first occurs, the
provisions of this subsection and subsection D shall operat e as law
in this state.
1. A public body may hold meetings by teleconference or
videoconference if each member of the public body is audible or
visible to each other and the publ ic, subject to the following:
a. for a virtual charter school approved and sp onsored by
the Statewide Virtual Charter School Board pursuant to
the provisions of the Oklahoma Statutes, the public
body shall maintain a quorum of members for the entire
duration of the meeting whether using an in-person
site, teleconference, or videoco nference or any
combination of such sites to achieve a quorum, and
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b. if the meeting is held using either teleconference or
videoconference capabilities, and at any time the
audio connection is disconnected, the me eting shall be
stopped and reconvened once the audio connection is
restored;
2. The meeting notice and agenda prepared in advanc e of the
meeting, as required by law, shall indicate if the meeting will
include teleconferencing or videoconferencing and shal l also state:
a. each public body member a ppearing remotely and the
method of each member's remote appearance, and
b. the identity of the public body member or members who
will be physically present at the meeting site, i f
any;
3. After the meeting notice and agenda are prepared and posted
as required by law, public body members shall not be permitted to
alter their method of atten dance; provided, however, those members
who were identified as appearing remotely may be per mitted to
physically appear at the meeting site, if any, for the meeting;
4. The public body shall be allowed to participate and speak,
as allowed by rule or polic y set by the public body, in a meeting
which utilizes teleconference or videoconference in t he same manner
and to the same exte nt as the public is allowed to participate or
speak during a meeting where all public body members are physically
present together at the meeting site;
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5. Any documents or other materials provided to members of the
public body or shared electronically bet ween members of the public
body during a meeting utilizing teleconferencing or
videoconferencing shall also be immediately availa ble to the public
on the website of the public body, if the public body maintains a
website; and
6. All votes occurring during any meeting utilizing
teleconference or videoconference shall occur and be recorded by
roll call votes.
D. Public bodies are pe rmitted to conduct an executive session
by teleconference or videoconference. For such exec utive sessions,
no public body member is required to be physically present so long
as each public body member is audible or visible to each other. The
meeting notice and agenda prepared in advance of the meeting as
required by law shall indicate if the ex ecutive session will include
teleconferencing or videoconferencing and shall also state the
identity of each public body member appearing remotely, the method
of each member's remote appearance, and whether any member will be
physically present at the meet ing site, if any, for the executive
session.
SECTION 6. This act shall become effective November 1, 2022.
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Passed the House of Representatives the 22nd day of March,
2022.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2022.
Presiding Officer of the Senate